Musulin Law Firm

Changes Coming to the New Jersey Child Support Guidelines

2026-04-13T18:00:59Z

As is the case in many states, New Jersey used a formula to determine the appropriate amount of support to be paid for children when their parents separate or divorce. This formula is detailed in the New Jersey Child Support Guidelines, which can be found in the Appendix to the New Jersey Court Rules. The Appendix also contains extensive discussion about the basis for the guidelines and how to apply the formula Child support in New Jersey is primarily based on the parents’ incomes and how much time the child will be staying at each parent’s home. Because income is fundamental to the Child Support Guidelines calculations, they are updated fairly regularly to account for changes in tax code and poverty guidelines. Updates to taxes and poverty guidelines will be applied effective June 1, 2026.

New Considerations For Childcare Costs

With the June 1, 2026, update, however, there is a change that could substantially affect some families, and yet is easy to overlook in the text of the revised Appendix. This change impacts how childcare costs are handled in the Child Support Guidelines. Although child support is primarily based on parents’ incomes rather than actual expenses, there are a few limited exceptions. The Child Support Guidelines do allow for consideration of the cost to maintain medical insurance for children and the cost of work-related childcare, such as daycare or before- and after-care expenses. The Appendix details how and where to enter this information into the Child Support Guidelines. For now, it allows for childcare expense for children under the age of 15, or older children with special needs due to physical or mental illness. Once changes go into effect on June 1, 2026, however, childcare costs can only be included for children under the age of 13 if there are no special needs. This seemingly minor change in the Court Rules could mean big changes for parents with children ages 13 or 14 who have childcare costs included in their child support calculations. Families in this situation may find themselves speaking to a judge about whether their 13 year old child needs childcare. As this change is not yet effective, it is not yet known how judges will apply the new standard, or whether they will consider this as a reason to recalculate child support for families where support is already in place. Parents in this situation will benefit from having experienced counsel to navigate this new standard and present legal arguments to the judge.

What happens with the children during holidays in a divorce?

2026-03-23T22:24:28Z

Spending time with friends and family during the holidays is one of the best things in the world. Many of our fondest childhood memories are closely associated with holidays such as Christmas, Passover, Thanksgiving, Halloween and more. But what happens when mom and dad end the relationship? All issues concerning visitation have been historically based on the best interest standard. Initially, under common law, children were considered the property of the father. During the 19th century mothers became primary caretakers as men moved into the industrial workforce, causing the emergence of the best interest standard to determine custody and visitation issues. With the rise in the divorce rate in the late 1960s, in addition to addressing custody and visitation, courts began to address arrangements for sharing children during the holidays. Each case is different. If longstanding family traditions exist – for instance, Easter at grandmom’s, Passover at a brother’s house – the best interest standard should apply and the traditions should continue, especially for younger children. The failure of a marriage should not cause the children to lose such important traditions. Many courts utilize a presumptive holiday schedule which simply alternates all holidays on an odd/even basis. The logic behind this “one size fits all” schedule was to minimize conflict and save court time and attorney’s fees. Having said that, if you do not agree with the presumed holiday schedule, you have a right to advocate under the best interest standard for an alternative approach. It should come as no surprise that as children become older, oftentimes they tend to do what they want, and the holidays become less significant in a divorce case.

One Big Beautiful Bill Act Expansion of 529 Plans: Considerations in Divorce

2026-03-16T20:11:21Z

On July 4, 2025, The One Big Beautiful Bill Act (OBBBA) was codified into law. Among many other impacts on tax and government funding, the enactment of this Bill significantly increased the use of 529 Plans. Prior to the OBBBA, 529 withdrawals for kindergarten to 12th grade were capped at $10,000 annually and were permitted only for tuition at public, private or religious schools. Not only does the OBBBA double the withdrawal cap to $20,000 annually, but it expands the expenses that qualify under these plans. Specifically, the expenses go beyond tuition to include standardized test fees, tutoring services, educational therapies for students with disabilities, fees for dual enrollment for higher education courses taken during high school, and curriculum materials, such as textbooks and digital materials. This expansion is particularly valuable to families whose children are receiving specialized education or families who are homeschooling. While 529 Plans previously covered most college and postgraduate education expenses, the OBBBA now allows 529 plans to be used for credentialing and licensing programs, such as welding, aviation mechanics, and other trade certifications, that are recognized in the Workforce Innovation and Opportunity Act (WIOA) directory or the Web Enabled Approval Management Systems (WEAMS). This includes the tuition itself, along with fees associated with entrance exams, curriculum materials and equipment. A 529 account can be particularly valuable to parents getting a divorce in New Jersey as such parents would, in most cases, be required to contribute to their children's college expenses. Contributions to 529 Plans grow tax free, and withdrawals are tax free when used for the qualified expenses discussed above. The expansion of its uses has essentially made 529 Plans more valuable and worth considering whether they should be jointly or individually maintained post-divorce. If you are getting a divorce and you or your spouse has a 529 plan for your child, it is important you consult with a family law attorney to determine how this plan can be properly considered when addressing issues of equitable distribution and educational expenses.

Filing for divorce in New Jersey: Understanding the process

2026-01-23T14:24:42Z

Filing for divorce can be a complex and emotional process. When you know for sure divorce is imminent, your focus is no doubt on worries about your children, your home, and your finances, while also trying to deal with your emotions. Certainly consulting with an attorney to learn about your rights and obligations is critical during this time, and can help calm fears and provide clarity. It is also helpful to have a basic understanding of how the process works.

Do I need to have “grounds” for divorce in New Jersey?

Opening a case for divorce in the court begins with the filing of a Complaint for Divorce. Often, the other spouse will file a Counterclaim for Divorce. Whether you are the plaintiff who files the Complaint, or the defendant who files a Counterclaim, New Jersey law requires you to establish “grounds” for divorce. Grounds for divorce are the legal reason(s) you present to the court to justify dissolving your marriage. New Jersey allows for divorce on a number of grounds, some of which are fault based, and some of which are neutral.

No-fault grounds: These include irreconcilable differences that have caused a breakdown of the marriage for at least six months, or living separately for at least 18 months.
Fault grounds: These can include adultery, desertion, extreme cruelty, addiction, imprisonment, or deviant sexual conduct.

Understanding these grounds is essential they can impact the proceedings. The court requires proof of the grounds for the divorce to be finalized. Proving some grounds, such as fault-based grounds, can be much more difficult.

How does a divorce begin?

Divorce is a legal process. As such, there are specific documents required. If the documents do not comply with the requirements of court rules and statutes in terms of their content and the process, the court will not accept the filing. The complaint or counterclaim must include the grounds for divorce, the relief being sought, and the facts which support the requested relief.

In addition to the Complaint or Counterclaim, there are certain affidavits and certifications that must be filed at the beginning of the process. There are also detailed rules to follow about service on the other party, proof of service, default, and case management.

Filing for divorce in New Jersey requires careful attention to legal details, particularly when establishing grounds for divorce and preparing the pleadings. Receiving advice and assistance from knowledgeable counsel will empower you to protect your rights and help you navigate the process more effectively.

Governor Murphy Signs New Law That Modifies New Jersey Custody Statute

2026-01-21T20:05:54Z

On his last day in office Governor Murphy signed into law S4510. This law, that is now effective immediately for all custody cases in New Jersey, significantly changes our custody statute, N.J.S.A. 9:2-4.

Child’s Preference Now Given Significant Weight

One key component of the new law is that it has elevated a “child’s preference.” A child’s preference under our prior law was only one factor the Court was to take into consideration if the child is of sufficient age to form an opinion. Now, a child’s opinion is given considerable weight such that “…if the court orders any custody arrangement contrary to the expressed preferences of the child, the court shall specifically place on the record the factors which justify the arrangement and which just the court’s decision to disregard the child’s expressed preferences.” Furthermore, if the Court finds the child to be of sufficient age and the child wishes to express his/her opinion, the Court must speak with the child off the record and in chambers. In essence, this now places a huge burden on the child to choose one parent over the other.

Therapy Requires Good Cause

Another key component of the new law requires that, when parents do not agree, any type of therapy may only be ordered if it is “scientifically valid and have generally accepted proof of effectiveness and therapeutic value.” Hence, a showing of “good cause” prior to ordering such therapy is now required. Moreover, no treatment program, such as reunification therapy between a child and an estranged parent, will be ordered without the consent of both parties and a determination that the child is of sufficient age. A plenary hearing will now be required on the issue to determine whether the standard has been met. Subsequently, this would involve expert testimony. The current language would also restrict the Court’s ability to order any other type of therapy absent meeting the requirements under the new law. The Court may also be presented with a child, who is of sufficient age, experiences in therapy in determining whether to modify, continue, or stop the therapy. Again, children are now being invited to advise the Court on his/her experiences in therapy, which undoubtably can be impacted by one parent.

Experienced Representation Is Vital Amid Monumental Shift

This law raises new concerns and questions such as whether one parent’s constitutional rights are violated. While time will tell as to how this law impacts families, it is anticipated that children will now be further negatively intertwined into family matters. It is important that litigants understand this new age we now live in and even more important that litigants hire an experienced attorney who is cognizant of this monumental shift in the law. We are here to help you navigate this new law and explore your options that are best suited for you and your family.

Taxes and divorce: What happens to my filing status after divorce?

2025-11-19T17:08:28Z

The most contentious part of the divorce often involves property division. In addition to taking into account who gets the home and other valuables, it is also important to take into account the impact of taxes. For example, the shift from filing as "married filing jointly" to filing as "single" or "head of household." The following will provide additional information on how this and other common tax issues can impact those who are going through a divorce.

#1: Filing status

When a couple divorces, their tax filing status changes, which can significantly impact their tax liability. The "married filing jointly" status often provides tax benefits, such as lower tax rates and higher income thresholds for certain deductions. Once divorced, individuals must choose a new filing status, which can lead to higher taxes. Two options for filing status in this situation include single and head of household. The single status applies if you were not married on the last day of the tax year. It generally results in higher tax rates compared to "married filing jointly." The head of household status may be available if you have a dependent and meet certain criteria. This option can offer more favorable tax rates than filing as single.

#2: Alimony and child support

Alimony, or spousal support, and child support are common financial arrangements post-divorce, each with distinct tax implications. Understanding these can help avoid unexpected tax liabilities and mitigate the risk of any surprises after you finalize the divorce. For divorces finalized in 2018 or earlier, alimony payments are deductible for the payer and taxable for the recipient. For divorces finalized after this date, alimony is neither deductible nor taxable. Child support payments are not deductible by the payer or taxable to the recipient, regardless of the final date of the divorce.

#3: Tax credits and deductions

While reviewing tax filings, it is also wise to check for applicable tax credits and deductions. Explore eligibility for credits such as the Child Tax Credit or Earned Income Tax Credit, which can provide financial relief. These are just a few of the more common tax issues the Internal Revenue Service (IRS) tends to see for couples who are going through divorce. By understanding and addressing these tax implications, you can better ensure financial stability after you finalize your divorce.

Five Mistakes People Make During a Divorce (and How to Avoid Them)

2025-11-17T20:38:28Z

Going through a divorce can feel overwhelming, especially when you’re navigating unfamiliar laws, court procedures, and financial issues. As divorce attorneys, we see the same avoidable mistakes come up again and again — and they often have long-term consequences. Here are five mistakes people make during a divorce, and how you can protect yourself.

1. Making Emotional Decisions Instead of Strategic Ones

Divorce is emotional, but judges make decisions based on facts and the law, not feelings. Acting impulsively — whether it’s fighting over small items or giving up too much just to “be done” — can hurt you later.

How to avoid this: Pause before making big decisions. Lean on your attorney for guidance and focus on long-term stability rather than short-term relief.

2. Not Understanding Your Finances

New Jersey is an equitable distribution state, which means assets and debts are divided fairly — not necessarily 50/50. If you don’t fully understand your financial picture, you risk receiving an unfair settlement.

How to avoid this: Gather tax returns, bank statements, retirement and investment accounts, mortgage information, business records, and credit card statements early. Ask questions until you understand what’s marital, what’s exempt, and how distribution works in NJ.

3. Involving Children in the Conflict

New Jersey courts prioritize the best interests of the child. Involving children in disputes — even unintentionally — can affect custody, parenting time, and your co-parenting relationship.

How to avoid this: Communicate directly with your spouse or through counsel. Never ask children to relay messages. Reinforce that they are loved, supported and not part of the conflict.

4. Ignoring Court Orders, Filing Deadlines, or Required Documents

Missing deadlines or violating temporary custody/support orders can have long-lasting consequences. Judges take compliance with Court Orders very seriously.

How to avoid this: Stay organized and responsive. Help your lawyer help you by being cooperative. Provide documents on time, follow all temporary orders, and notify your attorney immediately if something unexpected occurs.

5. Trying to Handle the Divorce Without Professional Support

New Jersey divorce law involves complex rules around equitable distribution, alimony, child support guidelines, custody, and parenting time. Relying on online forms or well-meaning friends often leads to costly mistakes.

How to avoid it: Work with a qualified New Jersey divorce attorney that you trust. When needed, consult financial planners, parenting coordinators, and forensic accountants. A strong professional team can save you time, money, and stress.

A divorce does not have to feel unmanageable. With the right information, support, and strategy, you can protect your rights and move forward with confidence. If you’re considering divorce or have questions about your specific situation, our legal team at Musulin Law Firm is here to help you.

Using Technology to Help Co-Parenting Relationships

2025-11-10T18:13:19Z

One of the most important issues in a divorce concerns the arrangements for the care and custody of children. Custody and parenting time can also be a very challenging issues to deal with because of the breakdown of the relationship between the parents that led to the divorce. Often there is a loss of trust and communication between the adults that make it difficult to work together and parent children after separation and divorce. Over the last several years, divorcing parents have increasingly used parenting “apps” to help facilitate their co-parenting relationship. These apps offer a variety of services, from a shared calendar, to expense tracking, to messaging services. In addition to keeping information regarding the children in one place, these apps also offer the benefit of keeping a record that can be used as evidence if the parents find themselves in court to address parenting concerns. Many of the apps do not permit users to erase or modify their posts or entries. This is important because parents are then less likely to use coarse of offensive language. Some co-parenting apps are now using developing AI technology to assist parents with how they communicate with each other. A popular feature of some apps is an assessment of the tone of a communication, offering feedback if the message a parent is about to send could be reworded to have a more cooperative tone to reduce conflict. Other features may include budget assistance or stress management techniques. Divorcing parents are typically concerned about the impact divorce will have on their children. Using a parenting app is one step a family can take to help ease the transition to two households and support parents as they navigate working together for the best interests of their children. An experienced family law attorney can offer valuable guidance and strategies for co-parenting, and can help you identify apps and other tools for support in the process.

What is the Domestic Violence Economic Mediation (DVEM) Program?

2025-10-21T17:51:15Z

Majority of divorce matters in New Jersey are resolved by way of alternative dispute resolution events such as parties attending Early Settlement Matrimonial Panel (MESP) and/or economic mediation. Generally, however, our law has prohibited parties in which there is a Final Restraining Order (herein “FRO”) to attend economic mediation. What do parties do if they wish to attend economic mediation? Can they still attend economic mediation? The answer is, yes. By way of brief history, the New Jersey Supreme Court in its May 8, 2015 Order supplemented Rule 1:40-5(b)(1) and provisions of the Domestic Violence Procedures Manual to establish a pilot program for economic mediation in certain family court dissolution (FM) matters in which a final restraining order is in effect between the parties. Following the investigation of this program in six counties, the Court subsequently issued statewide operational guidelines. The plan was to continue with the expansion, however the COVID-19 pandemic in 2020 halted both the continuation of DVEM in the pilot counties and its expansion statewide of the DVEM. The Supreme Court on July 7, 2023 authorized the resumption of this program in those six pilot counties given the fact that covid-related temporary changes to Court operations were no longer in effect. Then, the Court in its September 11, 2023 Order amended Rules 1:40-5 (“Mediation in Family Part Matters”) and 1:40-12 (“Mediators and Arbitrators in Court-Annexed Programs”) to formalize the provisions of the DVEM. The rules allow referral to post-Early Settlement Panel (ESP) economic mediation when there is a final restraining order with the consent of the protected party and provide for approved economic mediators to participate in the DVEM program following completion of domestic violence mediation training. Several key provisions of the rules include that the protected party must provide consent to participate in mediation, mediation can only address economic issues, mediation cannot address custody/parenting, and parties with a Temporary Restraining Order may not participate in this program. Furthermore, if consent is provided by the protective party, the Final Restraining Order must be amended by the Court to allow the parties to attend mediation. In addition, the mediation must take place either in the Courthouse or virtually in order to eliminate the parties having contact with one another. Subsequently, the mediator must shuttle back and forth between the parties (if in person) or keep the parties in separate virtual rooms. If you have a Final Restraining Order and wish to attend economic mediation, it is very important you retain an attorney who is familiar with the program and the directive #17-23.

3 Ways To Resolve Disputes Over Property In The House In An NJ Divorce

2025-09-12T14:34:40Z

What happens to your possessions in a divorce? Well, most people can come to their own agreements as to the division of furniture, lawn equipment, and other household goods. But in the event the parties cannot agree, several approaches exist.

First, the parties can attend mediation and sit with a third-party neutral who will facilitate resolution. They can either attend the mediation with their individual attorneys or just meet with a mutually agreed-upon mediator by themselves and then take the mediator’s work product to their attorneys to incorporate the agreement/s into their Marital Settlement Agreement.

Second, the parties, via their attorneys, can mutually agree to hire an arbitrator. In this model, the parties either agree as to the value of the items or have their household items appraised. The arbitrator then hears testimony and decides the division of personal property. And, third, the parties can offer the same evidence to a judge, rather than an arbitrator, who will make the decisions.

Having personal property appraised can cost thousands of dollars and for most people it is not a wise investment of time or money. For others with extensive artwork and other valuables, an appraisal is almost always done.

The most frequent dispute concerns jewelry. While the engagement ring is the property of the recipient, the wedding band and all other jewelry is on the table. Appraisals done for insurance are not always reliable and new appraisals may need to be done.